BY Bolanle Olabimtan
Timipre Sylva, former minister of state for petroleum resources, has appealed the judgement of a federal high court in Abuja which disqualified him from contesting as a candidate in the Bayelsa state governorship election.
In a notice of appeal filed on Tuesday, Sylva faulted the judgement and urged the appellate court to set it aside and uphold his nomination.
Demesuoyefa Kolomo, a member of the All Progressives Congress (APC), had sued Sylva and asked the court to order the Independent National Electoral Commission (INEC) to delete his name from the list of candidates contesting the poll in Bayelsa on November 11.
The plaintiff averred that by the provisions of section 182(1)\(b) of the 1999 constitution (as amended), Sylva is not qualified to contest the election on the platform of APC or any other political party because he was elected in April 2007 and May 2008.
But in his affidavit, Sylva had said he was elected once as the state’s governor, insisting there was no election in 2007.
However, in the judgement, Donatus Okorowo, the federal high court judge, held that Sylva, having been sworn in twice and ruled for five years as governor of Bayelsa, would breach the 1999 constitution if allowed to contest again.
The judge held that the former minister is not qualified to run in the November poll noting that he would spend more than eight years in office as governor of the state if he wins and is sworn in.
Speaking to journalists after the appeal was filed, Ahmed Raji, counsel to Sylva, said he has also filed a stay of execution of the judgement.
Raji said the high court judgement is against “settled principles of law and notable precedents”, adding that “the chances of success at the appeal court are very high”.
He said the appeal raises three fundamental issues touching on jurisdiction, locus standi and wrongful evaluation of affidavit evidence.
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